The Law on Protection sets out the following alternatives to detention for asylum seekers:
- An obligation to report;
- Bail options;
- The obligation to stay in a designated place.
SG can use more than one alternative in the case of any foreigner.[1] Alternatives can be applied by the SG which apprehended the asylum seeker concerned or by the court (subsequent to a SG’s decision not to apply alternatives and who have submitted a motion for detention to the court).[2] An asylum seeker can be detained only if the alternatives to detention cannot be applied.[3] In practice asylum seekers are placed in detention, and alternatives to detention are not considered, properly justified and explained.[4] In 2019, 1, 650 foreigners were subject to alternatives to detention.
Over the period 2016- 2019 alternatives to detention were used as follows for foreigners, including asylum seekers and returnees:[5]
|
Alternatives to detention in Poland: 2016-2019 |
|
|||
|
Type of alternative |
2016 |
2017 |
2018 |
2019 |
|
Reporting obligations |
1,208 |
2,094 |
1,327 |
1,603 |
|
Residence in a designated place |
1,333 |
1,818 |
1,058 |
1,522 |
|
Bail |
3 |
4 |
1 |
3 |
|
Surrendering travel documents |
54 |
49 |
29 |
36 |
|
Total |
2,598 |
3,965 |
2,415 |
3,164 |
Source: Border Guard, 14 January 2018; Border Guard, 14 and 25 January 2019, 17 January 2020.
[1] Article 88(3) of the Law on Protection.
[2] Articles 88(2) and 88b(2)-(3) Law on Protection.
[3] Article 88a(1) Law on Protection.
[4] Commissioner for Human Rights, Wyciąg Strzeżony Ośrodek dla Cudzoziemców w Krośnie Odrzańskim, 30 January 2018, available (in Polish) at: http://bit.ly/2F2ptCr.
[5] In practice, a person may be subject to more than one alternative measure.